Padmanabhuni Kondalarayudu vs The State Of Andhra Pradesh
2023 Latest Caselaw 1628 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.7249 OF 2023

JUDGMENT:-

1.    Heard     Sri   N.Siva   Reddy,     learned    counsel    for     the

petitioners and learned Government Pleader for Municipal

Administration for the respondent No.1 and Sri G.Naresh

Kumar, learned counsel, representing Sri M.Manohar Reddy,

learned Standing Counsel for the respondent No.2.

2. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that this Hon‟ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate Writ declaring the action of the 2nd respondent in proposing to demolish the structures of the buildings of the petitioners bearing Door No.34-147 of the 1st petitioner, Door No.34-130/1 of the 2nd petitioner, Door No.8-1-236/1,2,3 of the 3rd petitioner, Door No.15-1-11 of the 4th petitioner, Door No.8-1-237/2 of the 5th petitioner, Door No.8-1-237/3 of the 6th petitioner, Door No.8-1-233 of the 7th petitioner Door No.15-1-23 of the 8th petitioner, Door No.15-1-62 of the 9th petitioner Door No.9-5-7 of the 10th petitioner and Door No.9-5-46 and Door No.9-5-168 of the 11th petitioner situated in Narsipatnam Municipality for

expansion of the road from „Abid centre to Pedda Boddepalli Madhum‟ in Narsipatnam Municipality, Anakapalli District without issuing any notification for acquisition of and and structures under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013) as illegal, arbitrary and in violation of the right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with the possession and enjoyment of the said structures of the petitioners‟ buildings mentioned supra without due process of law and pass such other order or orders as this Hon‟ble Court may deem fit and proper in the circumstances of the case."

4. Learned counsel for the petitioners submits that the

petitioners are the owners and possessors of different buildings

constructed by them in their own sites abutting the road leading

from Abid centre to Peddaboddepalli Madhum in Narsipatnam

Municipality and they have been regularly paying the taxes to

the local municipality and further submits that the respondent

No.1, accorded the administrative sanction for an amount of

Rs.16.06 Crores to take up certain development works in

Narsipatnam Municipality vide G.O.Rt.No.943, M.A & U.D.

Dept., dated 27.12.2022 and after the funds were released the

respondent No.2, Narsipatnam Municipality has started its work

for extension of the main road effecting the petitioners' property

to the extent the property was marked.

5. Learned counsel for the petitioners, submits that the

petitioners' property have not been acquired and the petitioners

have not been given any compensation. He submits that, if for

any purpose the property is required, the same can be taken

either with the consent of the petitioners or by acquisition

under the relevant provisions of the Municipalities Act read with

the provisions of the relevant Land Acquisition Act as amended

from time to time.

6. Sri G.Naresh Kumar, on the basis of instructions

received, submits that the respondents shall follow the due

process of law in the widening of the road and the property of an

individual, if so required and if so affected in such work, shall

be taken by following the prescribed procedure of law.

7. In view of the aforesaid submissions advanced without

observing anything on the merits of the petitioners' ownership

or title to the property or/and their entitlement for the

compensation, this writ petition is disposed of finally with the

observations and directions to the respondents that, if the

property in question of an individual is required to be taken for

the public purpose for widening of the road, the same shall be

done only by following the due process of law and the

petitioners if in possession shall not be dispossessed except in

accordance with law.

8. The writ petition is disposed of finally with the aforesaid

observations and directions.

9. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 23.03.2023 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.7249 OF 2023

Date:23.03.2023 Scs.